29To:
Via:
From:
Date:
South Miami
MI- AmedcaCoy
CITY OF SOUTH MIAMI i I I I r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
The honorable Mayor Stoddard and Members of the City Commission
Hector Mirabile, Ph.D., City Manager
Thomas J. Vageline, Director
Planning and Zoning Department
November 16, 2010
ITEM No.
Subject:
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
the Land Development Code Section 20 -7.51 entitled "Special exceptions" in order to revise the
wording in Section 20- 7.51(D) to replace the word "development" with the word "new
construction" for the purpose of clarifying when the time limitation begins for development
projects which have been granted a special exception in the Hometown Overlay Zone (HD -OV);
providing for severability; providing for ordinances in conflict; and providing an effective date.
BACKGROUND
The City Commission at its September 7, 2010 meeting adopted Ordinance No. 26 -10 -2051 which revised
the Special Exception regulations in the Transit Oriented Development District (TODD) zoning district.
There was considerable concern that there were development projects in the Transit Oriented
Development District (TODD) zoning districts which have received special exception approval from the
City but failed to initiate construction and the sites have remained vacant. The amendment was necessary
because a special exception granted for a project in the Transit Oriented Development District did not
have an expiration date.
During the review of the ordinance adding a time limit to the TODD special exceptions, it was agreed that
the wording being carried over from a similar section in the Hometown District needed to have one word
changed. It was felt that the word "development" was not appropriate since special exceptions could only
be granted to new buildings. It was agreed to recommend that the word "development" be changed to
"new construction ". The Board suggested that this same word change to "new construction" be placed in
the similar Hometown section concerning special exceptions.
PROPOSED LDC AMENDMENT
It is proposed that the word "development" be changed to "new construction ", the same wording now in
affect in the TODD special exception regulation (see attached ordinance). The following wording (shown
in bold/underlined) would be added to Section 20- 7.51(D):
HOMETOWN DISTRICT OVERLAY
Section 20 -7.51 Special exception.
"(D) Special exceptions, if granted, shall be valid if lepn new construction as
defined in Section 380.04, Florida Statutes, commences within twenty-four (24) months
from the date offinal approval and is substantially completed within five (5) years from the
date of issuance of the first building permit. The time for substantial completion may be
extended by the city commission upon application filed prior to the expiration of the
substantial completion period and upon demonstration of good cause. "
(new wording shown in bold/underlined, wording to be removed shown in- str-�
PLANNING BOARD ACTION:
The Planning Board at its meeting on September 23, 2010 conducted a public hearing and adopted a
motion by a vote of 5 ayes 0 nays recommending approval of the proposed amendment. s
RECOMMENDATION
It is recommended that the proposed amendments to Section 20- 7.51(D) as set forth above and in the
attached draft ordinance be approved.
Attachments:
Draft Ordinance
Ordinance No. 26 -10 -2051
Planning Dept. Staff Report 9 -23 -10
Planning Board Minutes Excerpt 9 -23 -10
TJV /SAY
X. Comm Items\2010 \1 1- 16- 10\LDC Amend Special excep in Hometown CM Report.doc
2
I ORDINANCE NO.
2
3 An Ordinance of the Mayor and City Commission of the City of South Miami,
4 Florida, amending the Land Development Code Section 20 -7.51 entitled "Special
5 exceptions" in order to revise the wording in Section 20- 7.51(D) to replace the word
6 "development" with the word "new construction" for the purpose of clarifying when
7 the time limitation begins for development projects which have been granted a special
8 exception in the Hometown Overlay Zone (HD -OV); providing for severability;
9 providing for ordinances in conflict; and providing an effective date.
10
11
12 WHEREAS, the City Commission at its September 7, 2010 meeting adopted
13 Ordinance No. 26 -10 -2051 which revised the Section 20 -8.9 (B)(1) Special Exception
14 regulations in the Transit Oriented Development District (TODD) zoning district in
15 response to concerns that there were development projects which received special
16 exception approval from the City but failed to initiate construction and the sites have
17 remained vacant; and
18
19 WHEREAS, ordinance No. 26 -10 -2051 created a new requirement that
20 development projects granted a special exception in a TODD District must be started
21 within two years and completed within five years, which provision was already in effect in
22 the Hometown Overlay District; and
23
24 WHEREAS, during the review of the ordinance adding a time limit to the TODD
25 special exceptions, it was agreed that the word "development" was not appropriate since
26 special exceptions could only be granted to new buildings it was agreed to recommend that
27 the word "development" be changed to "new construction "; and
28
29 WHEREAS, the Planning and Zoning Department was required to prepare a
30 separate ordinance amending Section 20 -7.51 (D) Special exception, Hometown District
31 Overlay, to also remove the word "development" and replace it with the word "new
32 construction" which amendment had been placed in the TODD section; and
33
34 WHEREAS, the Planning Board at its September 23, 2010 meeting after public
35 hearing, adopted a motion by a vote of 5 ayes 0 nays recommending that the proposed
36 amendment be approved; and
37
38 WHEREAS, the City Commission desires to accept the recommendation of the
39 Planning Board and enact the aforesaid amendment.
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
43
44 Section 1. That Section 20- 7.51(D), entitled "Special exception" is hereby amended to
45 read as follows:
46
47 HOMETOWN DISTRICT OVERLAY
48 Section 20 -7.51 Special exception..
49 * * * * * *
50 "(D) Special exceptions, if granted, shall be valid if d velepmen new construction as
51 defined in Section 380.04, Florida Statutes, commences within twenty-four (24) months
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from the date offinal approval and is substantially completed within five (5) years from the
date of issuance of the first building permit. The time for substantial completion may be
extended by the city commission upon application filed prior to the expiration of the
substantial completion period and upon demonstration of good cause. "
fnew wording shown in bold/underlined; wording to be removed shown in strike-threugh)
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
l" Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
day of 2010
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
X: \Comm Items \2010 \11- 16- 10 \LDC Amend Special Except Hometown Ord.doe
ORDINANCE NO. 26-10-2051
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the Land Development Code Section 20 -8.9 entitled "Special
exceptions" in order to set a time Iimit for commencing a development project which
has been granted a special exception in a Transit Oriented Development District
(TODD); providing for severability; providing for ordinances in conflict; and
providing an effective date.
WHEREAS, The City Commission recently adopted Resolution No.68 -10 -13102
expressing concern that there are development projects in the Transit Oriented
Development District (TODD) zoning districts which have received special exception
approval from the City but failed to initiate construction and the sites have remained
vacant.; and
WHEREAS, Land Development Code Section 20 -7.51 Special Exceptions in the
Hometown Overlay District (HD -OV) also allows special exceptions (variances) to be
granted for development projects, however, the regulations specifically provide that
development must be started within two years and completed within five years; and
WHEREAS,; Land Development Code Section 20 -8.9 Special Exceptions in the
Transit .Oriented Development District (TODD) requires the granting of a special
exception if a project is built on a site in excess of 40,000 square feet, however; there is no
time limit for commencing a development project which has been granted the special
.� ption; and
WHEREAS, the Planning and Zoning Department has prepared an amendment to
Land Development Code Section 20 -8.9 which would provide that the same regulation
currently in affect in the Hometown District be added to the special exception regulation in
the TODD zone; and
WHEREAS, the Planning Board at its June 15, 2010 meeting after public hearing
and adopted a motion by a vote of 6 ayes 0 nays recommending approval of the proposed
amendment with a minor modification; and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -8.9, entitled "Special exceptions" is hereby amended to read as
follows:
ARTICLE VIII. TRANSIT - ORIENTED DEVELOPMENT DISTRICT
Section 20 -8.9 Special exceptions.
(A) For those existing uses in this district, any alterations or additions to those
buildings shall be in conformance with the provisions of this ordinance, however, existing heights
of existing buildings and floors may remain at current heights and additional floors may be added
above in accordance with this ordinance. Existing gas station uses may be pennitted to have a one-
time alteration to allow for the addition of additional floors above.
Ord. No. 26 -10 -2051
(B) Any site that is in excess of forty thousand (40,000) square feet shall qualify for a
large scale development use and must be reviewed by the Planning Board via the special use permit
process.
L. "A special exception, if granted shall be valid if new construction as
the substantial completion period and upon demonstration of mood
cause.
under single ownership may have residential uses on the first floor, however, they
are not permitted on the first floor within that portion of the building or
development fronting on the front or main street.
(C) No single use in the T.O.D.D. Zone shall exceed a gross floor area of eighty
thousand (80,000) square feet, except residential uses."
Note: New wording shown in boldlunderlin wording to be removed shown irn - tlsxee€o p`
Section I. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 7th day of September, 2010
ATTEST: APPROVED: 1r�f
C Y CLERK . MAY�Zlo�
I't Reading - 8/17/10
2nd Reading - 9/7/10
READ AND APPROVED AS TO FORM COMMISSION VOTE:
5 -0
AND SUFFICIENCY: Mayor Stoddard:
Yea.
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
�rCommissioner Beasley:
Yea
�t Commissioner Harris:
Yea
CITY ATTORNEY
To: Honorable Chair and
Planning Board Members
South Miami
All- America City
'I ®'
2001
Date: September 23, 2010
From: Thomas I Vageline, Director Re: LDC Amendment -TODD
Planning and Zoning Department Hometown Special Exception
PB -10 -027
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
the Land Development Code Section 20 -7.51 entitled "Special exceptions" in order to revise the
wording in Section 20- 7.51(D) to replace the word "development" with the word "new
construction" for the purpose of clarifying when the time limitation begins for development
projects which have been granted a special exception in the Hometown Overlay Zone (HD -OV);
providing for severability; providing for ordinances in conflict; and providing an effective date.
BACKGROUND
The City Commission at its September 7, 2010 meeting adopted Ordinance No. 26 -10 -2051 which revised
the Special Exception regulations in the Transit Oriented Development District (TODD) zoning district.
The amendment was necessary because a special exception granted for a project in the Transit Oriented
Development District did not have an expiration date. There was considerable concern that there were
development projects in the Transit Oriented Development District (TODD) zoning districts which have
received special exception approval from the City but failed to initiate construction and the sites have
remained vacant. The adopted ordinance used the same language that already was in effect for special
exceptions within the Hometown Overlay District (HD -OV) which have received special exception(s)
approval. Attached is a copy of the City Manager's report (dated 8 -3 -10) on the subject and the adopted
ordinance.
The Planning Board recommended approval of the ordinance at its June 15, 2010 meeting, after a public
hearing. During that hearing it was recommended by several members that the Hometown District
regulations needed a minor adjustment in order to clarify exactly when the time period would expire. The
Board was advised that the ordinance under consideration at that time did not refer to the Hometown
Overlay zoning district. Staff recommended that a follow -up ordinance be brought back to the Board at a
later meeting.
EXISTING LDC REGULATIONS
As stated above the Hometown Overlay District (HD -OV) allows special exceptions (i.e. variances) to be
granted for development projects after public hearings by the Planning Board and City Commission. The
regulations also require that development must be started within two years and completed within five
years. This provision (Section 20 -7.51) in the Hometown Overlay District reads as follows:
HOMETOWN DISTRICT OVERLAY
Section 20 -7.51 Special exception.
"(D) Special exceptions, if granted, shall be valid if development, as defined in Section
380.04, Florida Statutes, commences within twenty-four (24) months from the date of final
y comp e e wt an ave years om t o ate o tssuance o
the first building permit. The time for substantial completion may be extended by the city
commission upon application filed prior to the expiration of the substantial completion
period and upon demonstration ofgood cause. "
PROPOSED LDC AMENDMENT
It is proposed that the word "development' be changed to "new construction ", the same wording now in
affect in the TODD special exception regulation (see attached ordinance) The following wording (shown
in bold/underlined) would be added to Section 20- 7.51(D):
"(D) Special exceptions, if granted, shall be valid if new construction as
defined in Section 380.04, Florida Statutes, commences within twenty-four (24) months
from the date of final approval and is substantially completed within five (5) years from
the date of issuance of the first building permit. The time for substantial completion may
be extended by the city commission upon application filed prior to the expiration of the
substantial completion period and upon demonstration of good cause. "
RECOMMENDATION cz-e�
It is recommended that the amendments as set forth above and in the attd draft be approved.
� .Ln,lecdc�i'o!�
Backup Documentation:
Ordinance 26 -10 -2051
City Manager Report (8 -3 -10)
Public Notices
T1V /SAY
Z:\PB\PB Agendas Staff Reports\2010 Agendas Staff Reports\9- 23- 10\I313-10 -027 LDC Amend Special exception Hometown.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Meeting Minutes
Thursday, September 23, 2010
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:56 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chair Yates requested a roll call.
Board members present constituting a quorum: Mrs. Yates, Mr. Cruz, Mrs. Young, Mr.
Whitman and Mrs. Beckman. Board members absent: Mr. Farfan and Mr. Morton.
City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis
(Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator) and Lourdes Cabrera -
Hernandez (Principal Planner).
City Attorney: Mr. Mark Goldstein
PB -10 -027
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida,
amending the Land Development Code Section 20 -7.51 entitled "Special exceptions" in
order to revise the wording in Section 20- 7.51(D) to replace the word "development" with
the word "new construction" for the purpose of clarifying when the time limitation begins
for development projects which have been granted a special exception in the Hometown
Overlay Zone (HD -OV); providing for severability; providing for ordinances in conflict;
and providing an effective date.
Action: Mrs. Young read the item into the record.
Planning Board Meeting
September 23, 2010
Page 2 of 2
Mr. Youkilis informed the Board that the City Commission previously approved a change in one
of the sections of the Land Development Code in the Transit Oriented Development District to
make sure there is a time limit for the development approvals to be constructed. In the TODD
district there wasn't any time limit stated. This has been changed in by ordinance at the City
Commission. Now, the same wording is being proposed for special exceptions in the Hometown
District. This will make the two portions of the LDC match.
The Chair opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Sharon McCain Oppose
Ms. McCain questioned if the item affects 64 development or the bank. Mr. Youkilis responded
no. This is due to the fact that the 64 Development Corporation has a twelve year development
agreement with the City and the bank has a development agreement of eight years.
Mrs. Yates commented that if this item affects any development they need to be notified.
Ms. McCain questioned if a development was changed after this has been enacted would the
developer have to return. Mrs. Yates responded yes.
The Chair closed the public hearing.
Mrs. Young commented that the word draft should be removed from page two.
Mr. Whitman questioned if the wording with the TODD and Hometown Overlay would now be
identical. Mr. Youkilis responded yes.
Motion: Mr. Cruz moved to approve the application with the changes that draft is removed and use
the word as indicated above. Mrs. Young seconded.
Vote: 5 Ayes 0 Nays
TJV /SAY
XAComm Items\ 2010 \11- 16- 10 \PB.Minutes.9.23.2010 Excerpt Special ex.doc
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
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CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South.
Miami; Florida will conduct Public Hearings at its regular City Commission meeting
scheduled for Tuesday, December 7, 2010 beginning at 7:30 p.m. In the City
Commission Chambers, 6130 SumetCriva, to'considerthe following item($):_'
An Ordinance amending Chapter 2, Article I, Section 2 -2.1 (G) (5) of the
Code of Ordinances to require motions for reconsideration to be made
only during the same meeting at which the item is considered. "
An Ordinance amending the Land Development Code Section 20-7.51
entitled "Special exceptions' in order to revse the wording in Section:
20 7.51(D) to replace the word "development' with the word "new
construction" for the purpose of clarifying when the nme (Imitation
begins for development projects whicabiv been granted a special .
exception in the Hometown Overlay Zone (HD OV) ..
An Ordinance amending the Land Development Code Section 20- 3.3(D)
entitled "Permitted Use Schedule" in order to permit a community
garden as a. "S" Special Use In the al TODD(L+4) ".Tmnsr Oriented
Development District tHibut- industrial-Rj zoning use district, �md
amending Section 20 -2.3 entitled "Definitions" to provide a definRlon .
of a community garden.
An Ordinance to amend Section 20 -3.3 (D) of the Land Development
Code entitled "Permitted Use Schedule ". In order to change the Group
Home ii use category from a "PI'. Permitted Use Category to the "S" "
Special Use category for zoning use districts; and amending Section
20- 3.4(B)(15) enfdled "Special use conditions" ingrderto include Group
Home II as subject tothesame special requirements currently applicable
to Group Home I uses. "
An Ordinance to amend Sectors 204.4 (0) of the Land Development
Code entitled "Required Handicapped Spaces" in order to revise current
wording to indicate that all required handicapped parking spaces are
regulated by the Florida Building Code.
For further information, please contact the City Clerk's Office at (305) 663 -6340.
ALL Interested parties are invited to attend and will be heard.
Made M. Menendez, CMG
'City Clerk
Pursuant m neat a Statures 2madeb5, am City hereby advises ra public that if a person
decideso appealanydecisionmxtleby Nis sham, Ageemor Commission with respect to any
matter wnsltleretl it its meeting or M1earitg, he or slw vna need a recorU of the procestling%
and that for such purpose, aHectetl person may need to en@um that a ve @atim rewrG of Np
praceetlings is made wtncM1 mcpM ibdutles Ute testimony and evitlenu upon wkich ma appeal
is tope based, 'f;'